[Ord. 689, 5-4-1987]
A.
The flood hazard areas of the community are subject to periodic inundation
which results in loss of life and property, health and safety hazards,
disruption of commerce and governmental services, and extraordinary
public expenditures for flood protection and relief, all of which
adversely affect the public health, safety and general welfare.
B.
These flood losses are created by the cumulative effect of obstructions
in floodplains which cause an increase in flood heights and velocities,
and by the occupancy of flood hazard areas by uses vulnerable to floods
and hazardous to other lands because they are inadequately elevated,
floodproofed, or otherwise protected from flood damage.
[Ord. 689, 5-4-1987]
A.
It is the purpose of this chapter to promote the public health, safety
and general welfare and to minimize public and private losses due
to flood conditions in specific areas by provisions designed to:
1.
Protect human life and health;
2.
Minimize expenditure of public money for costly flood control projects;
3.
Minimize the need for rescue and relief efforts associated with flooding
and generally undertaken at the expense of the general public;
4.
Minimize prolonged business interruptions;
5.
Minimize damage to public facilities and utilities such as water
and gas mains, electric, telephone and sewer lines, streets and bridges
located in floodplains;
6.
Help maintain a stable tax base by providing for the sound use and
development of flood prone areas in such a manner as to minimize future
flood blight areas; and
7.
Ensure the potential buyers are notified that property is in a flood
area.
[Ord. 689, 5-4-1987]
A.
In order to accomplish its purposes, these regulations are established
to:
1.
Restrict or prohibit uses that are dangerous to health, safety or
property in times of flood, or cause excessive increases in flood
heights or velocities;
2.
Require that uses vulnerable to floods, including facilities which
serve such uses, be protected against flood damage at the time of
initial construction;
3.
Control the alteration of natural floodplains, stream channels, and
natural protective barriers, which are involved in the accommodation
of floodwaters;
4.
Control filling, grading, dredging and other development which may
increase flood damage; and
5.
Prevent or regulate the construction of flood barriers which will
increase flood hazards to other lands.
[Ord. 1162-2009, 11-23-2009; amended by Ord. 1264-2018, 8-6-2018]
Unless specifically defined in this section, words or phrases
used in this chapter shall be interpreted to give them the meaning
they have in common usage and to give this chapter its most reasonable
application. The following terms as used herein will mean:
Structures which are on the same parcel of property as the
principal structure and the use of which is incidental to the use
of the principal structure (such as garages and storage sheds).
A request for a review of an interpretation by the community
Board of Trustees or its designated agency of any provision of this
chapter or a request for a variance.
A designated AO, AH, or VO Zone on a community's flood
insurance rate map (FIRM) with a 1% chance or greater annual chance
of flooding to an average depth of one foot to three feet where a
clearly defined channel does not exist, where the path of flooding
is unpredictable and where velocity flow may be evident. Such flooding
is characterized by ponding or sheet flow.
The land in the floodplain within a community subject to
a 1% or greater chance of flooding in any given year. The area may
be designated as Zone A on the flood hazard boundary map (FHBM). After
detailed ratemaking has been completed in preparation for publication
of the FIRM, Zone A usually is refined into Zone A, AE, AH, AO, A1-99,
VO, V1-30, VE or V.
The flood having a 1% chance of being equaled or exceeded
in any given year.
The elevation in feet above mean sea level of the base flood
or 1% chance flood.
Any area of the building having its floor subgrade (below
ground level) on all sides.
The Oklahoma Water Resources Board.
An integral and readily identifiable part of a flood protection
system, without which the flood protection provided by the entire
system would be compromised.
Any man-made change to improved or unimproved real estate,
including but not limited to, buildings or other structures, mining,
dredging, filling, grading, paving, excavation, drilling operations,
or storage of equipment or materials.
A nonbasement building built, in the case of a building in
Zones A, AE and X, to have the top of the elevated floor adequately
anchored so as not to impair the structural integrity of the building
during a flood up to the magnitude of the base flood. In the case
of Zones A, AE and X, "elevated building" also includes a building
elevated by means of fill or solid foundation perimeter walls with
openings sufficient to facilitate the unimpeded movement of floodwaters.
For the purpose of determining rates, structures for which
the "start of construction" commenced before the effective date of
the FIRM or before January 1, 1975, for FIRMs effective before that
date. Existing construction may also be referred to as existing structures.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed before the effective date of
the floodplain management regulations adopted by a community.
The preparation of additional sites by the construction of
facilities for servicing the lots on which the manufactured homes
are to be affixed (including the installation of utilities, the construction
of streets, and either final site grading or the pouring of concrete
pads).
An official map of a community, on which the federal emergency
management administration has delineated both the areas of special
flood hazards and the risk premium zones applicable to the community.
The official report provided by the federal insurance administration.
The report contains flood profiles, the water surface elevation of
the base flood, as well as the flood hazard boundary-floodway map.
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
Those physical structural works for which funds have been
authorized, appropriated, and expended and which have been constructed
specifically to modify flooding in order to reduce the extent of the
areas within a community subject to a special flood hazard and the
extent of the depths of associated flooding. Such a system typically
includes hurricane tidal barriers, dams, reservoirs, levees or dikes.
These specialized flood modifying works are those constructed in conformance
with sound engineering standards.
A person accredited by the board and designated by a City
council, to administer and implement laws and regulations relating
to the management of the floodplains.
The operation of an overall program of corrective and preventive
measures for reducing flood damage, including, but not limited to,
emergency preparedness plans, flood control works and floodplain management
regulations.
Zoning ordinances, subdivision regulations, building codes,
health regulations, special purpose ordinances (such as a floodplain
ordinance, grading ordinance and erosion control ordinance) and other
applications of police power. The term describes such state or local
regulations, in any combination thereof, which provide standards for
the purpose of flood damage prevention and reduction.
Any land area susceptible to being inundated by water from
any source (see definition of Flood Or Flooding).
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
a designated height.
A use which cannot perform its intended purpose unless it
is located or carried out in close proximity to water. The term includes
only docking facilities, port facilities that are necessary for the
loading and unloading of cargo or passengers, and shipbuilding and
ship repair facilities, but does not include long term storage or
related manufacturing facilities.
Any floor usable for living purposes, which includes working,
sleeping, eating, cooking or recreation, or a combination thereof.
A floor used for storage purposes only is not a "habitable floor."
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the department of the interior) or preliminarily
determined by the secretary of the interior as meeting the requirements
for individual listing on the national register;
Certified or preliminarily determined by the secretary of the
interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the secretary
to qualify as a registered historic district;
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the secretary of the interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
A man-made structure, usually an earthen embankment, designed
and constructed in accordance with sound engineering practices to
contain, control, or divert the flow of water so as to provide protection
from temporary flooding.
A flood protection system which consists of a levee, or levees,
and associated structures, such as closure and drainage devices, which
are constructed and operated in accordance with sound engineering
practices.
The lowest floor of the lowest enclosed area (including basement).
An unfinished or flood resistant enclosure, usable solely for parking
of vehicles, building access or storage in an area other than a basement
area is not considered a building's lowest floor; provided that
such enclosure is not built so as to render the structure in violation
of the applicable nonelevation design requirement of Section 60.3
of the national flood insurance program regulations.
A structure transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when connected to the required utilities. For
floodplain management purposes the term manufactured home also includes
park trailers, travel trailers, and other similar vehicles placed
on a site for greater than 180 consecutive days. For insurance purposes
the term "manufactured home" does not include park trailers, travel
trailers, and other similar vehicles.
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
For purposes of the national flood insurance program, the
national geodetic vertical datum (NGVD) of 1929 or other datum, to
which base flood elevations shown on a community's flood insurance
rate map are referenced.
For floodplain management purposes, structures for which
the start of construction commenced on or after the effective date
of a floodplain management regulation adopted by a community.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed on or after the effective date
of floodplain management regulations adopted by a community.
A vehicle which is:
Built on a single chassis;
Four hundred square feet or less when measured at the largest
horizontal projections;
Designed to be self-propelled or permanently towable by a light
duty truck; and
Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal
use.
Includes substantial improvement and means the date the building
permit was issued, provided the actual start of construction, repair,
reconstruction, placement, or other improvement was within 180 days
of the permit date. The actual start means either the first placement
of permanent construction of a structure on a site, such as the pouring
of slab or footings, the installation of piles, the construction of
columns, or any work beyond the stage of excavation; or the placement
of a manufactured home on a foundation. Permanent construction does
not include land preparation, such as clearing, grading and filling;
nor does it include the installation of streets or walkways; nor does
it include excavation for basement, footings, piers or foundations
or the erection of temporary forms; nor does it include the installation
on the property of accessory buildings, such as garages or sheds not
occupied as dwelling units or not part of the main structure.
A walled and roofed building that is principally above ground,
as well as a manufactured home.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.
Any repair, reconstruction, or improvement of a structure
the cost of which equals or exceeds 50% of the market value of the
structure either:
Before the improvement or repair is started; or
If the structure has been damaged and is being restored, before
the damage occurred.
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For the purposes of this definition "substantial improvement"
is considered to occur when the first alteration of any wall, ceiling,
floor, or other structural part of the building commences, whether
or not that alteration affects the external dimensions of the structure.
The term does not, however, include either:
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A.
|
Any project for improvement of a structure to comply with existing
State or local Health, Sanitary, or Safety Code specifications which
are solely necessary to assure safe living conditions; or
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B.
|
Any alteration of a structure listed on the National Register
of Historic Places or a State Inventory of Historic Places.
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A grant of relief to a person from the requirements of this
chapter when specific enforcement would result in unnecessary hardship.
A variance, therefore, permits construction or development in a manner
otherwise prohibited by this chapter.
The failure of a structure or other development to be fully
compliant with the community's floodplain management regulations.
A structure or other development without the elevation certificate,
other certifications, or other evidence of compliance required in
Section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5)
is presumed to be in violation until such time as that documentation
is provided.
The height, in relation to the National Geodetic Vertical
Datum (NGVD) of 1929 (or other datum, where specified), of floods
of various magnitudes and frequencies in the floodplains of coastal
or riverine areas.
[Ord. 689, 5-4-1987]
This chapter shall apply to all areas of special flood hazard
within the jurisdiction of the community.
[Ord. 1162-2009, 11-23-2009]
The areas of special flood hazard identified by the Federal
Emergency Management Agency in a scientific and engineering report
entitled the "Flood Insurance Study for Cherokee Oklahoma and Incorporated
Areas" dated December 3, 2009, with accompanying flood insurance rate
map (FIRM) are hereby adopted by reference and declared to be a part
of this chapter.
[Ord. 689, 5-4-1987]
A development permit shall be required to ensure conformance
with the provisions of this chapter.
[Ord. 689, 5-4-1987]
No structure or land shall hereafter be located, altered, or
have its use changed without full compliance with the terms of this
chapter and other applicable regulations.
[Ord. 689, 5-4-1987]
This chapter is not intended to repeal, abrogate, or impair
any existing easements, covenants, or deed restrictions. However,
where this chapter and another conflict or overlap, whichever imposes
the more stringent restrictions shall prevail.
[Ord. 689, 5-4-1987]
[Ord. 689, 5-4-1987]
The degree of flood protection required by this chapter is considered
reasonable for regulatory purposes and is based on scientific and
engineering considerations. On rare occasions greater floods can and
will occur and flood heights may be increased by man-made or natural
causes. This chapter does not imply that land outside the areas of
special flood hazards or uses permitted within such areas will be
free from flooding or flood damages. This chapter shall not create
liability on the part of the community or any officer or employee
thereof for any flood damages that result from reliance on this chapter
or any administrative decision lawfully made thereunder.
[Ord. 689, 5-4-1987]
The City council or its designated Administrator is hereby appointed
the floodplain Administrator to administer and implement the provisions
of this chapter and other appropriate sections of 44 CFR (national
flood insurance programs regulations) pertaining to floodplain management.
[Ord. 1162-2009, 11-23-2009]
A.
Duties and responsibilities of the floodplain Administrator shall
include, but not be limited to, the following:
1.
Maintain and hold open for public inspection all records pertaining
to the provisions of this chapter;
2.
Review permit applications to determine whether proposed building
sites will be reasonably safe from flooding;
3.
Review, approve or deny all applications for development permits
required by adoption of this chapter;
4.
Review permits for proposed development to assure that all necessary
permits have been obtained from those federal, state or local governmental
agencies (including Section 404 of the federal water pollution control
act amendments of 1972, 33 USC 1934) from which prior approval is
required;
5.
Make the necessary interpretation where interpretation is needed
as to the exact location of the boundaries of the areas of special
flood hazards (for example, where there appears to be conflict between
a mapped boundary and actual field conditions);
6.
Notify, in riverine situations, adjacent communities and the Oklahoma
water resources board prior to any alteration or relocation of a watercourse,
and submit evidence of such notification to the federal emergency
management administration;
7.
Assure that flood carrying capacity within the altered or relocated
portion of the watercourse is maintained;
8.
When base flood elevation data has not been provided in accordance with Section 12-506 of this chapter, obtain, review, and reasonably utilize any base flood elevation data available from a federal, state, or other source, in order to administer the provisions of Section 12-516 et seq., of this chapter;
9.
When a regulatory floodway has not been designated, the floodplain
Administrator must require that no new construction, substantial improvements,
or other development (including fill) shall be permitted within zones
A1-30 and AE on the community's FIRM, unless it is demonstrated
that the cumulative effect of the proposed development, when combined
with all other existing and anticipated development, will not increase
the water surface elevation of the base flood more than one foot at
any point within the community;
10.
Under the provisions of 44 CFR Chapter 1, Section 65.12, of the national
flood insurance program regulations, a community may approve certain
development in zones AE on the community's FIRM which increases
the water surface elevation of the base flood by more than one foot,
provided that the community first complies with 44 CFR Chapter 1,
Section 65.12;
11.
Become accredited by the board in accordance with 82 Oklahoma Statutes
Sections 1601-1618, as amended; and
12.
After a disaster or other type of damage occurrence to structures
in the City of Tahlequah, Oklahoma, shall determine if the residential
and nonresidential structures and manufactured homes have been substantially
damaged and enforce the substantial improvement requirement.
[Ord. 689, 5-4-1987]
A.
Application for a development permit shall be presented to the floodplain
Administrator on forms developed by him and may include, but not be
limited to, plans in duplicate drawn to scale showing the location,
dimensions, and elevation of proposed landscape alterations, existing
and proposed structures, and the location of the foregoing in relation
to areas of special flood hazard. Additionally, the following information
is required:
1.
Elevation in relation to mean sea level, of the lowest floor (including
basement) of all new and substantially improved structures;
2.
Elevation in relation to mean sea level to which any nonresidential
structure shall be floodproofed;
3.
A certificate from a registered professional engineer or architect that the nonresidential floodproofed structure shall meet the floodproofing criteria of Subsection 12-517A2 of this chapter;
4.
Description of the extent to which any watercourse or natural drainage
will be altered or relocated as a result of proposed development;
and
B.
Approval or denial of a development permit by the floodplain Administrator
shall be based on all of the provisions of this chapter and the following
relevant factors:
1.
The danger to life and property due to flooding or erosion damage;
2.
The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owner;
3.
The danger that materials may be swept onto other lands to the injury
of others;
4.
The compatibility of the proposed use with existing and anticipated
development;
5.
The safety of access to the property in times of flood for ordinary
and emergency vehicles;
6.
The costs of providing governmental services during and after flood
conditions including maintenance and repair of streets and bridges,
and public utilities and facilities such as sewer, gas, electrical,
and water systems;
7.
The expected heights, velocity, duration, rate of rise and sediment
transport of the floodwaters and the effects of wave action, if applicable,
expected at the site;
8.
The necessity to the facility of a waterfront location, where applicable;
9.
The availability of alternative locations, not subject to flooding
or erosion damage, for the proposed use; and
10.
The relationship of the proposed use to the comprehensive plan for
that area.
[Ord. 689, 5-4-1987]
A.
The appeal board as established by the community shall hear and render
judgment on requests for variances from the requirements of this chapter.
B.
The appeal board shall hear and render judgment on an appeal only
when it is alleged there is an error in any requirement, decision,
or enforcement or administration of this chapter.
C.
Any person or persons aggrieved by the decision of the appeal board
may appeal such decision in the courts of competent jurisdiction.
D.
The floodplain Administrator shall maintain a record of all actions
involving an appeal and shall report variances to the federal emergency
management administration upon request.
E.
Variances may be issued for the reconstruction, rehabilitation or
restoration of structures listed on the National Register of Historic
Places or the State Inventory of Historic Places, without regard to
the procedures set forth in the remainder of this section.
F.
Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the relevant factors in Subsection 12-514B of this chapter have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases.
G.
Upon consideration of the factors noted above and the intent of this chapter, the appeal board may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of Section 12-502 of this chapter.
H.
Variances shall not be issued within any designated floodway if any
increase in flood levels during the base flood discharge would result.
I.
Prerequisites for granting variances include the following:
1.
Variances shall only be issued upon a determination that the variance
is the minimum necessary, considering the flood hazard, to afford
relief;
2.
Variances shall only be issued upon:
a.
A showing of good and sufficient cause;
b.
A determination that failure to grant the variance would result in
exceptional hardship to the applicant;
c.
A determination that the granting of a variance will not result in
increased flood heights, additional threats to public safety, extraordinary
public expense, create nuisances, cause fraud on or victimization
of the public, or conflict with existing local laws or ordinances;
and
3.
Any applicant to whom a variance is granted shall be given written
notice that the structure will be permitted to be built with a lowest
floor elevation below the base flood elevation, and that the cost
of flood insurance will be commensurate with the increased risk resulting
from the reduced lowest floor elevation.
J.
Variances may be issued by a community for new construction and substantial
improvements and for other development necessary for the conduct of
a functionally dependent use provided that:
[Ord. 689, 5-4-1987]
A.
In all areas of special flood hazards the following provisions are
required for all new construction and substantial improvements:
1.
All new construction or substantial improvements shall be designed
or modified and adequately anchored to prevent flotation, collapse
or lateral movement of the structure resulting from hydrodynamic and
hydrostatic loads, including the effects of buoyancy;
2.
All new construction or substantial improvements shall be constructed
by methods and practices that minimize flood damage;
3.
All new construction or substantial improvements shall be constructed
with materials and utility equipment resistant to flood damage;
4.
All new construction or substantial improvements shall be constructed
with electrical, heating, ventilation, plumbing and air conditioning
equipment and other service facilities that are designed or located
so as to prevent water from entering or accumulating within the components
during conditions of flooding;
5.
All new and replacement water supply systems shall be designed to
minimize or eliminate infiltration of floodwaters into the system;
6.
New and replacement sanitary sewage systems shall be designed to
minimize or eliminate infiltration of floodwaters into the system
and discharges from the systems into floodwaters; and
7.
On site waste disposal systems shall be located to avoid impairment
to them or contamination from them during flooding.
[Ord. 1162-2009, 11-23-2009]
A.
In all areas of special flood hazards where base flood elevation data has been provided as set forth in Section 12-506, Subsection 12-513A8 or 12-518C of this chapter, the following provisions are required:
1.
Residential Construction: New construction or substantial improvement of any residential structure shall have the lowest floor, including basement, elevated at a minimum of one foot above the base flood elevation. A registered professional engineer, architect, or land surveyor shall submit a certification to the floodplain Administrator that the standard of this subsection, as proposed in Section 12-514 of this chapter is satisfied;
2.
Nonresidential Construction: New construction and substantial improvements
of any commercial, industrial or other nonresidential structure shall
have the lowest floor (including basement) elevated at a minimum of
one foot above the base flood level. The floodplain Administrator
shall maintain a record of all elevation certificates that includes
the specific elevation (in relation to mean sea level) to which each
structure has been elevated.
3.
Enclosures: New construction and substantial improvements, with fully
enclosed areas below the lowest floor that are subject to flooding
shall be designed to automatically equalize hydrostatic flood forces
on exterior walls by allowing for the entry and exit of floodwaters.
Designs for meeting this requirement must either be certified by a
registered professional engineer or architect or meet or exceed the
following minimum criteria:
a.
A minimum of two openings having a total net area of not less than
one square inch for every square foot of enclosed area subject to
flooding shall be provided;
b.
The bottom of all openings shall be no higher than one foot above
grade; or
c.
Openings may be equipped with screens, louvers, valves, or other
coverings or devices provided that they permit the automatic entry
and exit of floodwaters; or
4.
Manufactured Homes:
a.
Require that all manufactured homes to be placed within zone A on
the City of Tahlequah's FIRM shall be installed using methods
and practices that minimize flood damage and have the bottom of the
I beam elevated at a minimum of one foot above the base flood elevation.
For the purposes of this requirement, manufactured homes must be elevated
and anchored to resist flotation, collapse, or lateral movement. Methods
of anchoring may include, but are not limited to, use of over the
top or frame ties to ground anchors. This requirement is in addition
to applicable state and local anchoring requirements for resisting
wind forces and a licensed installer shall install the home and place
the required placard on the dwelling.
b.
Require that manufactured homes that are placed or substantially
improved within zones AE on the community's FIRM on sites: 1)
outside of a manufactured home park or subdivision, 2) in a new manufactured
home park or subdivision, 3) in an expansion to an existing manufactured
home park or subdivision, or 4) in an existing manufactured home park
or subdivision on which a manufactured home has incurred "substantial
damage" as a result of a flood, be elevated on a permanent foundation
such that the bottom of the I beam of the manufactured home is elevated
at a minimum of at least one foot above the base flood elevation and
be securely anchored to an adequately anchored foundation system to
resist flotation, collapse, and lateral movement. Also, a licensed
installer shall install the home.
c.
Require that manufactured homes be placed or substantially improved
on sites in an existing manufactured home park or subdivision within
zones AE on the community's FIRM that are not subject to the
provisions of this Subsection A4 be elevated so that the bottom of
the I beam of the manufactured home is at a minimum of one foot above
the base flood elevation and be securely anchored to an adequately
anchored foundation system to resist flotation, collapse, and lateral
movement support the manufactured home chassis and also installed
by a licensed installer that complies with state law.
5.
Recreational Vehicles: Require that recreational vehicles placed
on sites within zones A and AE on the community's FIRM either:
a.
Be on the site for fewer than 180 consecutive days,
b.
Be fully licensed and ready for highway use, or
c.
Meet the permit requirements of Section 12-514 of this chapter, and the elevation and anchoring requirements for "manufactured homes" in Subsection A4 of this section. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions.
6.
Accessory Structure:
a.
Structure is low valued and represents a minimal investment.
b.
Structure shall be small and not exceed 600 square feet in size.
c.
Structure shall be unfinished on the interior.
d.
Structure can be used only for parking and limited storage.
e.
Structure shall not be used for human habitation (including work,
sleeping, living, cooking, or restroom areas).
f.
Service facilities such as electrical and heating equipment must
be elevated to or above the BFE or floodproofed.
g.
Structure is constructed and placed on building site so as to offer
the minimum resistance to the flow of floodwaters.
h.
Structure is designed to have low flood damage potential, i.e., constructed
with flood resistant materials.
i.
Structure is firmly anchored to prevent flotation, collapse, and
lateral movement.
j.
Floodway requirements must be met in the construction of the structure.
k.
Openings to relieve hydrostatic pressure during a flood shall be
provided below the BFE.
l.
Structure is to be located so as not to cause damage to adjacent
and nearby structures.
[Ord. 689, 5-4-1987]
C.
Base flood elevation data shall be generated for subdivision proposals and other proposed development including manufactured home parks and subdivisions which is greater than the lesser of 30 lots or three acres, whichever is lesser, if not otherwise provided pursuant to Sections 12-506 and 12-513 of this chapter.
D.
All subdivision proposals including manufactured home parks and subdivisions
shall have adequate drainage provided to reduce exposure to flood
hazards.
E.
All subdivision proposals including manufactured home parks and subdivisions
shall have public utilities and facilities such as sewer, gas, electrical
and water systems located and constructed to minimize flood damage.
[Ord. 689, 5-4-1987]
A.
Located within the areas of special flood hazard established in this
chapter are areas designated as shallow flooding. These areas have
special flood hazards associated with base flood depths of one to
three feet where a clearly defined channel does not exist and where
the path of flooding is unpredictable and where velocity flow may
be evident. Such flooding is characterized by ponding or sheet flow;
therefore, the following provisions apply:
1.
All new construction and substantial improvements of residential
structures shall have the lowest floor, including basement, elevated
above the highest adjacent grade at least as high as the depth number
specified in feet on the community's FIRM, or at least two feet
if no depth number is specified;
2.
All new construction and substantial improvements of nonresidential
structures shall:
a.
Have the lowest floor, including basement, elevated above the highest
adjacent grade at least as high as the depth number specified on the
FIRM, or at least two feet if no depth number is specified; or
b.
Together with attendant utility and sanitary facilities be designed
so that below the base flood level the structure is watertight with
walls substantially impermeable to the passage of water with structural
components having the capability of resisting hydrostatic and hydrodynamic
loads and effects of buoyancy;
3.
A registered professional engineer or architect shall submit a certification to the floodplain Administrator that the standards of this section, as proposed in Section 12-514 of this chapter are satisfied;
4.
Adequate drainage paths around structures on slopes are required
within zone AH or AO to guide floodwaters around and away from proposed
structures;
5.
For areas outside the identified flood hazard areas which have experienced
flooding or where heavy development is occurring, to compensate for
the loss of stormwater storage or drainage areas, and elevation of
one foot above the 100-year floodplain shall be required.
[Ord. 1162-2009, 11-23-2009]
A.
Floodways located within areas of special flood hazard established
in this chapter are areas designated as floodways. Since the floodway
is an extremely hazardous area due to the velocity of floodwaters
which carry debris, potential projectiles and erosion potential, the
following provisions shall apply:
1.
Encroachments are prohibited, including fill, new construction, substantial
improvements and other developments unless certification by a professional
registered engineer or architect is provided demonstrating that encroachments
shall not result in any increase in flood levels within the community
during occurrence of the base flood discharge; and
2.
If Subsection A1 of this section is satisfied, all new construction
and substantial improvements shall comply with all applicable flood
hazard reduction provisions of Section 12- 516 et seq., of this chapter.
3.
Under the provisions of 44 CFR Chapter 1, Section 65.12, of the national
flood insurance regulations, a community may permit encroachments
within the adopted regulatory floodway that would result in an increase
in base flood elevations, provided that the community complies with
all of 44 CFR Chapter 1, Section 65.12.
[Ord. 717, 12-5-1988]
A.
Irrespective of any other provisions to the contrary herein, from
and after December 5, 1988, there shall be no new development permitted
within the 100-year floodplain (as defined on the latest publication
of the national flood insurance program's "flood insurance rate
map" for the City) which would generate wastewater to be transported
to the wastewater treatment facilities of the City.
B.
An owner/developer of property situated in the floodplain may make
request, in writing, to the City for a "waiver of service area restriction"
only in cases where the owner/developer can sufficiently show that
the natural environment in the 100-year floodplain would be preserved
if the waiver was granted. The written request for a "waiver of service
area restriction" must be submitted to the floodplain Administrator
of the City, who upon review thereof will judge whether the requested
waiver is conformant to the intent of this chapter. If it be found
that the waiver would not be in keeping with the intent of this chapter,
the request for a "waiver of service area restriction" shall be denied.
Should the findings of the floodplain Administrator be that the requested
waiver would not violate the intent of this chapter, nor have detrimental
effect upon the natural functions and values of the affected floodplain,
then such a request would be presented to the City council of the
City for their consideration and possible approval. Only after City
council approval, the City would then submit request to the U.S. environmental
protection agency's regional Administrator for review and possible
approval. It is specifically the intent of this section that the regional
Administrator be the final authority in all such requests for a "waiver
of service area restriction." The application shall be made on the
following form:
|
PERMIT APPLICATION
| ||||
|
FOR DEVELOPMENT OF PROPERTY IN
| ||||
|
FLOODPLAIN AREAS
| ||||
|
Location: Lot _____ Blk_____ Subdivision/Survey _____
| ||||
|
Owner:
|
Address:
| |||
|
Developer:
|
Address:
| |||
|
Engineer:
|
Address:
| |||
|
Flood Zone number designation ______
| ||||
|
Signature Owner or Developer or Engineer
| ||||
|
*OFFICE USE ONLY*
| ||||
|
1.
|
Does this application meet or exceed _____
| |||
|
Flood Zone Ordinance requirements?
| ||||
|
____ yes ____ no If answer is no explain: _____
| ||||
|
_____
| ||||
|
2.
|
Is a FEMA variance required and justified in accordance with Sections 12-501 et seq. of Floodplain Ordinance?
| |||
|
____ yes ____ no
| ||||
|
3.
|
Is a U.S. EPA waiver required and justified in accordance with Sections 12-501 et seq. of the Floodplain Ordinance?
| |||
|
a.
|
Is a sewer connection or are sewer connections made after _____(date
of adoption of the Ordinance) planned for the development to be served
by the EPA grant funded wastewater facilities?
| |||
|
____ yes ____no
| ||||
|
b.
|
Is the development, associated with the sewer connection(s), within the 100-year floodplain, identified in accordance with Sections 12-501 et seq. of the Floodplain Ordinance?
| |||
|
____yes ____no
| ||||
|
c.
|
If the answer to either 3a or 3b is no, or both 3a and 3b are
no, then the U.S. EPA waiver is not necessary.
| |||
|
d.
|
If the answer to both items 3a and 3b is yes, then a U.S. EPA waiver is required in accordance with Sections 12-501 et seq. of the Floodplain ordinance.
| |||
|
e.
|
If required, has U.S. EPA waiver been:
| |||
|
(1)
|
Applied for by the developer:
| |||
|
_____ yes _____ no _____ date
| ||||
|
(2)
|
Approved by the City council/sewer board:
| |||
|
_____ yes ____ no ______ date
| ||||
|
(3)
|
Submitted by the City council/sewer board to EPA:
| |||
|
_____ yes _____ no _____ date
| ||||
|
(4)
|
Approved by U.S. EPA Region 6 Regional Administrator:
| |||
|
_____yes ____ no ______date
| ||||
|
4.
|
Application approved _____
| |||
|
Date
| ||||
|
Application disapproved _____
| ||||
|
Date
| ||||
|
Signature Floodplain Manager
| ||||
[Ord. 1264-2018, 8-6-2018]
A.
It is the intent of the City Council of the City of Tahlequah to
supplement applicable State and Federal law and not to duplicate or
contradict such law. The provisions of this chapter are severable,
and the invalidity of any provision of this chapter shall not affect
other provisions of this chapter, which can be given effect without
the invalid provisions.
